Refunds

News & Analysis as of

Trade Preference Programs Get New Life

On June 29, 2015, the Trade Preferences Extension Act of 2015 became Public Law No. 114-27. As a result, the Generalized System of Preferences (GSP) was extended to December 31, 2017, with retroactive effect to July 31, 2013...more

FTC Takes Its First Action Against Crowdfunding Site

As the Federal Trade Commission (FTC) targets more FinTech (new and emerging financial technology) under the banner of protecting consumers from deceptive trade practices, the Commission finally turned its attention to the...more

Congress Passes Bill to Reinstate Generalized System of Preferences (GSP) – Opportunities to Seek Refunds; Support or Oppose...

Congress has recently passed the Trade Preferences Extension Act of 2015, which renewed the Generalized System of Preferences, the U.S. trade program that promotes economic growth in the developing world, allowing for nearly...more

Who’s Watching Dietary Supplement Advertising?  Everybody!

For several years now, dietary supplement advertising has been squarely on the radar of the FTC, state regulators, self-regulators, and last but never least, plaintiff’s lawyers. A recent FTC settlement with the makers of the...more

Do You Deserve a Refund from US Customs? Tariff Refunds Soon Available for Certain Imported Goods as Congress Acts on Generalized...

On June 29, 2015, President Obama signed into law the Trade Preferences Extension Act of 2015 (HR 1295). Among other actions, the law revives the Generalized System of Preferences (GSP) program, a trade preferences program...more

FCC Proposes Unprecedented Fine of $100 Million for Alleged Violations of Open Internet Transparency Rule

The FCC issued a Notice of Apparent Liability (“NAL”) to AT&T for alleged violations of the 2010 Open Internet “transparency rule.” The FCC contends that AT&T “willfully and repeatedly” violated the rule by: (1) using the...more

EU Consumer Rights Directive is in effect: 9 highlights for distance selling

E-commerce is the fastest growing retail market in Europe. Compound annual growth is currently running at around 12 percent per annum, predicted to result in an online retail market worth €233.9 billion (approximately US$262...more

Texas Renews Efforts to Require Cash Redemption of Certain Stored Value Cards

Texas renews effort to require that certain stored value cards be redeemable for cash if the balance on the card is less than $2.50. In early March, Texas House Bill 2391 was introduced. It would require a cash refund...more

FTC Settles with Technology Company for Allegedly Misleading Consumers about Refunds

On April 7, the FTC announced a proposed settlement of an administrative complaint alleging that a web hosting provider violated the Federal Trade Commission Act. According to the press release, the company offered web...more

And the Defense Wins

In Banner Life Insurance Co. v. Jacqueline L. Noel, 2013 U.S. App. LEXIS 1539 (4th Cir. 2013), aff’g 861 F. Supp. 2d 701 (E.D. Va. 2012), the U.S. Court of Appeals for the Fourth Circuit recently affirmed the district court’s...more

Premium Refund Theory in Insurance Class Action Rejected By Michigan Federal District Court

One theory that has been raised by plaintiffs’ lawyers in some insurance class actions is that policyholders should receive a partial refund of their premiums because they are not receiving the coverage they paid for, or...more

Revised CFPB Ability to Repay Rule Allows Excess Points and Fees Refunds for Qualified Mortgages

The Dodd-Frank Act amended the Truth in Lending Act (TILA) to require a creditor making a residential mortgage loan to make a reasonable and good faith determination (based on verified and documented information) that, at the...more

The D.C. Circuit Remands FERC Order Denying Refunds for Changes to Cost Allocation

On December 5, 2014, the United States Court of Appeals for the D.C. Circuit remanded an order of the Federal Energy Regulatory Commission (FERC) denying refunds to certain Louisiana-based utility companies for rates that...more

FTC $19 Million Settlement with Google: Unauthorized In-App Charges Are Not Child’s Play

The FTC recently approved a final Order resolving allegations that Google unfairly billed customers millions of dollars for unauthorized charges made by children using mobile apps downloaded from the Google Play app store....more

Pennsylvania Court Recognizes That A Payment Required By Law Is Not A “Voluntary Payment” Requiring The Insurer’s Consent

If you are required by law to perform an act, the act is not “voluntary.” This proposition may seem obvious enough to most, but one insurer recently needed to be reminded of this common sense point by a Pennsylvania federal...more

Leases Not Subject to Business Privilege Taxes - Commonwealth Court Case Presents Refund Opportunities

The Pennsylvania Commonwealth Court, in a 5-2 decision, held that the Local Tax Enabling Act ("LTEA") bars taxing jurisdictions from imposing business privilege taxes, on leases or lease transactions. Fish, Hrabick and...more

Texas High Court Holds State’s Unclaimed Property Act Does Not Preclude Cy Pres Distribution Of Unclaimed Class Action Settlement...

In a 5-4 decision, the Texas Supreme Court held that the cy pres provision of a class action settlement was not subject to the state’s Unclaimed Property Act. After the trial court certified a class of subcontractors whose...more

No Refund Of Extension Overpayment Followed By A Code §6166 Election

If an estate files to extend the due date of its Form 706 estate tax return, it can elect to defer the portion of the estimated estate tax that will be deferred pursuant to its Code §6166 election. It does not make the...more

Medicare’s 60-Day Proposed Refund Rule Imposes Significant Liability on Providers

As part of the Affordable Care Act, Congress outlined the process for providers to return Medicare and Medicaid overpayments. In 2012, CMS proposed the 60-day Refund Rule, as it is commonly known, requiring Medicare providers...more

Stay Tuned: Connecticut Bill Would Require Cash Refunds of Gift Card Balances

Connecticut may join a number of states that currently require merchants to provide the remaining balances on gift cards to consumers in cash upon request....more

The Stimulus Shall Continue: IRS Gives OK to Current Refundings of Recovery Zone Facility Bonds

The Internal Revenue Service has announced in Notice 2014-9 that current refunding issues of Recovery Zone Facility Bonds qualify as tax-exempt provided that the current refunding issue meets certain requirements. Generally,...more

IRS Releases Guidance on Current Refunding of Recovery Zone Facility Bond Issues

On January 13, 2014, the IRS released Notice 2014-9 which contains guidance on the refunding of Recovery Zone Facility Bonds (“RZFBs”) with another issue of RZFBs if certain conditions are met....more

CFPB Announces Healthcare Credit Card Enforcement Action Over Deferred-Interest Financing

On December 10, the CFPB released a consent order with a federal savings association, pursuant to which the bank will refund approximately $34 million to more than one million credit card holders who were enrolled in...more

"Meaningful" Errors Require Hospital System To Refund $31M

In what is reported to be the largest repayment to date involving "meaningful use" incentive payments, Naples, Florida-based Health Management Associates, Inc. ("HMA"), with 71 inpatient facilities in 15 states, including...more

Second Circuit Reaffirms Taxpayer’s Use of Protective Refund Claims

On September 9, 2013, the U.S. Court of Appeals for the Second Circuit held that the District Court had jurisdiction to hear the taxpayer’s case based on the taxpayer’s use of a protective refund claim....more

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